Ceremonial Matters: In addition to those items listed on the agenda, the Mayor
may add additional ceremonial matters.

Comments From The City Manager: The City Manager may make announcements or
provide information to the City Council in the form of an oral report. The Council will
not take action on such items, but may request the City Manager place a report on a future
agenda for discussion.

Comments From The Public: A total of thirty (30) minutes is scheduled. Each
speaker is limited to a maximum of three (3) minutes.

Council Action: The City Council may take action related to any subject listed
on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior
to voting on the Consent Calendar. All items remaining on the Consent Calendar will be
approved in one motion. Items removed from the Consent Calendar will be taken up after the
"Action Calendar" unless the Council reorders the agenda.

1. Needle Exchange Emergency Distribution
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of
a local emergency with regard to HIV transmission from use of HIV-infected needles among
injection drug users, and authorizing the Director of Public Health to take steps to
enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380

3. Contract: Environmental Impact Report (EIR) for Playing Field at East Campus
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with LSA Associates, Inc. in an amount not to exceed $95,000 to prepare
an Environmental Impact Report for a playing field at East Campus, and to evaluate two
design concepts which includes Derby Street closed and the option of leaving Derby Street
open as the most viable alternative. Neither option to include any field lighting or
amplified sound system.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

5. Honoring Censure and Move On Group
From: Councilmember Woolley
Recommendation: Adopt a proclamation honoring the group Censure and Move On, which is
using the internet as a means to enable people to voice their opposition to the
impeachment and possible removal from office of President William Jefferson Clinton. The
proclamation would be formally read during the Ceremonial Matters section of the February
9, 1999 Council meeting. The proclamation is to honor Censure and Move Ons founders,
as well as everyone who has gotten involved.
Contact: Diane Woolley, Councilmember District 5, 644-6294

6. Moratorium on New Restaurants
From: Councilmember Spring
Recommendation: Refer the request for a moratorium on new restaurants, especially fast
food restaurants in the downtown area, to the Planning Commission and request that the
Commission form a staffed subcommittee to work with representatives of downtown
businesses, including restaurants and coffee shop owners, to develop a quota plan similar
to other commercial areas such as Telegraph and Solano Avenues.
Contact: Dona Spring, Councilmember District 4, 644-6266

7. Traffic Mitigation for Public Safety Building
From: Councilmembers Spring and Worthington
Recommendation: Direct the City Manager to expeditiously install a pedestrian,
bicycle, car activated traffic signal at Martin Luther King Jr. Way and Center Streets as
required by the public safety building mitigations approved in the final EIR; and report
back to the Council on a timetable for its installation.
Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember
District 7, 644-6398

8. Transportation Equity Act for the 21st Century
From: Vice Mayor Shirek
Recommendation: 1) request staff to initiate an application for Transportation Equity
Act for the 21st Century (Transportation for Livable Communities Capital
Program TEA-21), funding for streetscape and sidewalk/pedestrian improvements in the
Adeline Corridor to implement the South Berkeley Area Plan, as specified in a letter from
Sam Dyke, Chair of the Adeline-Alcatraz Merchants Association; 2) accept Sam Dykes
offer for the City to partner with the Adeline-Alcatraz Merchants Association in the
application and the community design process for the improvements; 3) adopt a Resolution
to provide City funds of $20,000 for the community design process to match $10,000
provided by the Adeline-Alcatraz Merchants Association; 4) request staff to pursue a
"Transportation for Livable Communities" grant to plan other improvements and
enhance the relationship between the Ashby BART Station, the new Ed Roberts Campus, and
the surrounding residential and business communities; 5) direct the City Manager to report
back to Council with a schedule for the grant applications and community design process;
and 6) request the City Manager to thank Mr. Dyke for his initiative and community spirit
in initiating a long over-due implementation of a part of the South Berkeley Area Plan.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243

Appeals:

9. Housing Advisory Commission Appeal  3208 Ellis Street
a. Appeal filed by Isaac Trunnell, of the Housing Advisory Commissions decision
to uphold the Building Officials determination to allow the owners of 3208 Ellis
Street until March 9, 1999 to complete repairs required to bring the structure up to
Berkeley Housing Code standards.
Contact: Sherry Kelly, City Clerk, 644-6480b. City Managers Report
Recommendation: Adopt a Resolution affirming the decision of the Housing Advisory
Commission (HAC) to uphold the Building Officials determination to allow the owners
of 3208 Ellis Street until March 9, 1999 to complete repairs required to bring the
structure up to Berkeley Housing Code standard, and dismissing the appeal of the tenant.
Contact: Liz Epstein, Planning & Development, 705-8110

NOTE: The time limit within which to commence any lawsuit or legal challenge to any
quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of
Civil Procedure, unless a shorter limitations period is specified by an other provision.
Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision
made by the City must be filed no later than the 90th day following the date on
which such decision becomes final. Any lawsuit or legal challenge, which is not filed
within that 90-day period, will be barred.

Public Hearings

10. Public Hearing Regarding Zoning Appeal of Use Permits 3033 and 3681  699
Virginia Street (Berkeley Asphalt)
a. Appeal filed by Nora Chorover on behalf of Ocean View Neighborhood Association and
Communities for a Better Environment, of the Zoning Adjustments Board decision to take
no action to initiate revocation proceedings for Use Permits based on certain findings for
the property located at 699 Virginia Street.
Contact: Sherry M. Kelly, City Clerk, 644-6480b. City Manager Report Recommendation: 1) Conduct a public hearing and upon conclusion adopt a Resolution
affirming the decision of the Zoning Adjustments Board with findings that Berkeley Asphalt
and Ready mix is in compliance with the conditions of Use Permits 3033 and 3681, and based
on the evaluation provided by expert consultants and affected agencies, as well as the
testimony, the current operation of the Berkeley Asphalt and Ready Mix Companies does not
constitute a nuisance. If Council after considering the record, is unable to determine
whether there is a nuisance or violation of conditions, continue the hearing without
action to coincide with the six month review by staff required pursuant to Use Permit 3033
six months after initiation of operation of the approved replacement equipment for the
asphalt plant.
Contact: Liz Epstein, Planning and Development, 705-8105c. Communication from December 8, 1998:1)Rena Rickles, Attorney on behalf of Berkeley Asphalt, applicant

NOTE: The time limit within which to commence any lawsuit or legal challenge to any
quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of
Civil Procedure, unless a shorter limitations period is specified by an other provision.
Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision
made by the City must be filed no later than the 90th day following the date on
which such decision becomes final. Any lawsuit or legal challenge, which is not filed
within that 90-day period, will be barred.

11. Continued Public Hearing Regarding Adoption of a New Zoning Ordinance
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, continue the matter to
February 9th to: 1) adopt a resolution approving a Negative Declaration under
the provisions of the California Environmental Quality Act (CEQA); 2) adopt first reading
of an Ordinance repealing Ordinance Nos. 413-N.S. and 3018-N.S. and adopting a new Zoning
Ordinance and Official Zoning Map; and 3) direct the Planning Commission in consultation
with the Zoning Adjustments Board (ZAB) and the Landmarks Preservation Commission
(LPC),
to review the revised Ordinance six months after its effective date to evaluate the
effectiveness of the Ordinance changes, consider items referred by the Council and others
in the "Six Month List", and recommend proposals on additional changes which are
needed.
Contact: Liz Epstein, Planning and Development, 705-8105a. Planning Commission Report
Recommendation: 1) Initiate an amendment to the C-1(T) District regulations as
follows: a) prohibit new off-sale alcohol establishments, b) prohibit the establishment of
any new use which involved the sale and distribution of drug paraphernalia, as defined in
the Health and Safety Code, and c) require a Use Permit from the Zoning Adjustments Board
for any new use involving the sale and distribution of tobacco products and associated
merchandise; 2) Consider Citywide zoning changes to prevent alcohol-related and drug
paraphernalia uses proposed to be prohibited in the C-1(T) District from locating in other
parts of the City; and 3) Consider a comprehensive package designed to address the root
causes of alcoholism and drug abuse.
Contact: Karen Haney-Owens, Secretary, 705-8105b. Communications from 1998:

12. Reimbursement for Overpayment of Sewer Bills (removed from Consent by
Councilmember Spring from December 8, 1998 meeting and held over from January 12, 1999
meeting)From: Councilmembers Armstrong, Olds, Woolley and Mayor Dean
Recommendation:
From: Councilmembers Armstrong, Olds, Woolley and Mayor Dean
Recommendation: Ask the City to reimburse Berkeley residents who have paid unfairly
high sewer bills in the months between July 1998 when the Council passed the sewer tax
cap, and January 1999 when East Bay Municipal Utility District (EBMUD) will finally
re-order their billing to reflect that cap.
Contact: Polly Armstrong, Councilmember District 8, 644-6401; Shirley Dean, Mayor,
644-6484; Betty Olds, Councilmember District 6, 644-6399; Diane Woolley, Councilmember
District 5, 644-6294a. City Manager Report (to be delivered)Contact: Frances David, Finance, 644-6476

13. City of Emeryville Proposal to Reconfigure Ashby Interchange of I-80 (held
over from the January 12, 1999 meeting)From: Transportation Commission
Recommendation:
From: Transportation Commission
Recommendation: That Council take the following action: (1) Direct that the City of
Berkeley continue, in conjunction with Emeryville and CalTrans, to explore reconfiguring
the Ashby interchange, and indicate that the City of Berkeley does not at this time
support or oppose the proposal, but reserves the right to support or oppose the proposal
at a future date; (2) request that the City of Emeryville or CalTrans provide funds for an
independent traffic study managed by Berkeley to review the many traffic and related
issues raised by the Ashby interchange proposal. This study would review the traffic and
land use implications of various possible projects at the Ashby interchange, including the
project as proposed by Emeryville, relocation of the Potter Street on-ramp only, and
possibly another alternative; and (3) request that CalTrans delay approval of the Project
Study Report (PSR) for the reconfiguration of the Ashby/I-80 interchange until such time
as this independent traffic study can be completed to the satisfaction of the City of
Berkeley.
Contact: Nathan Landau, Transportation Commission Secretary, 705-8136a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105

New Business:

14. AT&T-TCI Franchise Transfer
From: City Manager
Recommendation: Adopt a Resolution denying without prejudice the application of
Tele-Communications, Inc. (TCI) to transfer control of the cable television franchise to
AT&T Corporation (AT&T).